The Court’s general Mediation Order requires the parties to send the mediator a mediation statement within fifteen days after the date of official notification of the mediation referral. The document should be in letter form and should not exceed ten pages. It should describe (a) the nature of the dispute underlying the appeal, (b) any key legal or factual disputes, (d) the history, if any, of any prior efforts to reach settlement, and (e) opportunities for or impediments to settlement at the current juncture. Critical exhibits or other documents may be attached to the statement.

The mediation statement is not a brief, is not filed with the Court and should not be served upon other parties to the appeal.

During the course of the mediation, counsel should also provide the mediator with any other documents -- whether or not they are documents of record -- that the mediator asks for or that counsel believes the mediator would find helpful.

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